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Ask a California Attorney: Can I Request Alimony During a Legal Separation?

Ask a California Attorney: Can I Request Alimony During a Legal Separation?

If you and your spouse get a legal separation, there will be many of the benefits of a divorce. This legal separation does create a legal independence but it does not grant all the rights of divorce. Many people considering a legal separation wonder if they will be required to pay, or will be eligible to receive, alimony. Read on to get an answer to this question and then contact Law Offices of Torrence L. Howell at (909) 920-0908 to find out how we can help.

Alimony is Often Available During a Legal Separation

The purpose of alimony is to help the lower-earing spouse get on their feet and have their own financial freedom. The idea is that no one should have to stay in an unhappy marriage simply because they do not believe they can survive financially without it. These issues are also possible with legal separations. As a result, alimony is often available during a legal separation in California.

Ideally, Alimony is Ordered When it Is Needed

In a perfect world, alimony is ordered when it is needed. When a couple gets divorced and splits their finances, one may not be able to work due to health issues, caring for children, or not having marketable skills. In this case, the court may award alimony. This could temporary alimony, permanent alimony, or a one-time payment – it all depends on the couple and the judge.

When a couple gets legally separated, they will still be likely dividing their finances in the same way. While they may not be to the point of splitting up all assets (such as their home) they will likely be dividing their savings account, investments, assets, etc. It is generally the end of their sharing income. If one of the spouse has a job and the other doesn’t, then alimony may be necessary.

A Number of Factors Will Affect How Much Spousal Support is Ordered

If alimony is ordered, the next question is how much is ordered. If you and your spouse can come to an agreement, then you can decide this on your own. If not, then a judge will determine. They will consider a long list of factors including the income of both spouses, the standard of living they were used to, both parties job skills and training, any health issues or disabilities that can affect either’s ability to work, how long the marriage lasted, and the age and health of both spouses.

Once the judge has made their determination, it may stand until the divorce is finalized. At that point, the amount can be adjusted. If you are in need of alimony for your legal separation, or you want to ensure that you are not paying an unfair amount of alimony during your legal separation, contact Law Offices of Torrence L. Howell at (909) 920-0908 for a free legal consultation.


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My ex-wife hired an attorney which prompted me to do so for our divorce. Torrence Howell was highly recommended from a friend of mine who used Torrence’s services for a divorce just like mine. The results came out much better than he ever thought it would. With all things being equal I felt Torrence would

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